Welcome to Drummer Cafe™ (also referred to herein as the "Site"). Bart Elliott and Drummer Cafe (also referred to herein as "We", "Us", and "Our"), collectively own and operate the Site for your personal use, information, education, entertainment and communication. Your access to and use of the Site is subject to these Terms of Use ("Terms") and all applicable laws. Please read them and print a copy for your records. YOUR USE OF THE SITE WILL CONSTITUTE YOUR AGREEMENT TO ALL TERMS (AS THE TERMS MAY BE AMENDED FROM TIME TO TIME). IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE. javascript:jceFunctions.toggleEditor('introtext'); [show/hide]

• Your IP Address: An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers -- the computers that send out Web pages -- automatically identify your computer by its IP address. We collect IP addresses for the purposes of system administration and to audit the use of our site. We reserve the right to use IP addresses to identify a user when we. feel it is necessary to enforce compliance with our rules and policies, or terms of service, or to protect our service, site, or others.
• Cookies: Cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies make Web-surfing easier for you by saving your preferences while you use a site. The use of cookies is an industry standard. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. The Drummer Cafe™ web site utilizes cookies in order to function. If you choose to set up your browser to refuse all cookies, then you may not be able to use the Drummer Cafe™ web site, especially the community drum / percussion forum.
• Disclosure of Personal Information: We do not sell or rent personally identifiable information about you to anyone. We may share or disclose personally identifiable information about you to other companies or individuals when:

• We have your consent to share the information;
• We need to share your information to provide a product or service you have requested;
• We need to send the information to companies who work on behalf of Drummer Cafe™ to provide a product or service to you. (Unless otherwise stated, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
• We comply with subpoenas or court orders, or need to collect a debt of money you may owe us;
• The disclosure is made in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the web site to which this policy applies, or
• We find that your actions on our web sites violate the Drummer Cafe™ Terms of Use or any of our usage guidelines for specific products or services.

• Registration: Our site contains an electronic discussion board/forum area where registration by the user is required for use. Our electronic forum's registration form requires users to give us contact information (including, but not limited to, their name and email address). We use this information to track/verify compliance with Drummer Cafe™ policies as well as federal, state and local laws. Users may be required to verify their email address before they are given access to some features. We will not provide your information to other companies so that they may contact you directly, except as noted below. We may change at any time the information we request of users.
• Correct/Update: This Site gives users the option of changing and/or modifying their own personal information related to their account. An accurate, active email address is required for use of the forum at community.DrummerCafe.com. Users may choose to hide their email address from other users, if they wish, by selecting to do so in their member Profile.
• Security: The importance of security for all personally identifiable information associated with users is of utmost concern to us. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we can't ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Your Drummer Cafe™ account is password protected so that only you can access it and view the member information relevant to the account. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or email. You are responsible for maintaining the secrecy of your passwords and any account information.
• Children: We do not intend that children, especially those under age 13, will use the sites covered by this policy. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. We do not knowingly collect personal information from children under the age of 13.
• Links/Other Sites: This site contains links to other sites. We are not responsible for the privacy practices or the content of such Web sites.
• Non-US Users: If you are located outside of the United States , please note that the information you provide to us will be transferred to the United States . By using this web site, you consent to this transfer.
• Changes to Privacy Policy: We reserve the right to change this policy from time to time per our discretion. Changes take effect when posted on the site in this policy. Your continued use of our site indicates your consent to this privacy policy and any amended versions of it. This policy was last updated on March 11, 2006.
• Contacting the Web Site: If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you may contact:

Contact Drummer Cafe directly

Content of the Site

• Rights to Content: This Site contains material that is derived in whole or in part from material supplied by us, or affiliated contributors. You should assume that everything you see, hear or read on the Site, including but not limited to text, photos, graphics, software, code, audio and/or video, is protected by United States and international copyright, trademark and other laws, unless stated otherwise, and may not be reproduced, distributed, transmitted, displayed, performed, published, broadcast, altered, forwarded, re-posted, stored for subsequent use, or otherwise used in whole or in part, in any manner, without the prior written permission of Us (or the owner of the applicable rights), except to the extent that such use constitutes "fair use" under applicable law. However, so long as the copy of material from the Site is solely for your personal, non-commercial use and you keep intact all copyright and other legal notices, you may make one temporary copy in a single computer's memory and one unaltered paper copy. You may link to content on Drummer Cafe™, so long as your use of the content is not misleading, illegal or defamatory. You may not re-post or republish any content from Drummer Cafe™ without express written permission from us.
• Links: The Site also contains links to web sites owned or operated by others. We have not reviewed all such sites (or other sites linked by such sites). When you access those other sites, the terms and policies that relate to such sites will govern your rights and obligations. The links are provided for your convenience only and you agree that we are not responsible for any aspect of the other sites or transactions that occur there, and that we do not endorse them.

Disclaimers

We make no guarantees regarding any information posted in the Site, and we assume no liability or responsibility for any inaccuracies, delays, damages, errors or omissions relating to the posting, transmission, delivery or content of the Site.

• YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ALL INFORMATION ON OR AVAILABLE THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO INFORMATION IN LINKED SITES OPERATED BY OTHERS AND INFORMATION POSTED IN ELECTRONIC FORUMS WITHIN THE SITE), ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY EXPRESS WARRANTIES AND EXPRESSLY DISCLAIM ALL STATUTORY, IMPLIED OR OTHER WARRANTIES OR DUTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY OF REASONABLE CARE OR WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE.
• WE MAKE NO WARRANTY OF NON-INFRINGEMENT, TITLE OR ENJOYMENT.
• WITHOUT LIMITATION, THE ABOVE DISCLAIMERS INCLUDE, AND NO WARRANTIES OR DUTIES ARE GIVEN OR UNDERTAKEN REGARDING UNINTERRUPTED, FUNCTIONAL, TIMELY, SECURE, OR ERROR OR VIRUS FREE SERVICE; OR ACCURACY OR COMPLETENESS OF ANY INFORMATION, SEARCH OR ADVERTISEMENT.

Electronic Discussion Boards / Forum Area

• This site includes a forum area in which you are invited to register in order to post your opinions and commentary. Although we desire such discussions to be as open as possible, these areas are part of the Site and we expect all participants to abide by the Forum Posting Policy that has been established.
• Reserved Rights: While we will not, and cannot, review every posted message, and are not responsible for the content of such postings, we reserve the right to delete, move or edit messages that we deem inappropriate in our sole and absolute discretion.
• Public Communications: You acknowledge that the electronic forums in the Site are accessible to the public, and are not private communications, so others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself, your children or others, and do not rely on any advice offered.
• E-mail Address: Your email address may become public when you participate in electronic forums in the Site. Please also understand that the we reserve the right to disclose whatever personal information it may have about you as we deem necessary or appropriate to satisfy any law, regulation, legal process or governmental request.

Forum Posting Policy

• You cannot upload to the Web site, or distribute or otherwise publish through it, anything that is libelous, defamatory, obscene, pornographic or abusive, or that otherwise violates any law. We are not obligated to honor requests to remove posts except when such postings violate our policies.
• The Forums can be used only in a non-commercial manner. You cannot, without our express approval, distribute or otherwise publish material containing any solicitation of commercial funds, advertising or solicitation of commercial goods or services.
• Users who post messages to forums have the option of making their email address available to others. The availability of email addresses can facilitate the development of our online community, and ensure that users take a level of responsibility for their postings. Users also have the option of making other personal information available to others, including, but not limited to, birth date, occupation and homepage.
• While we do not and cannot review every message posted in the forums and are not responsible for the content of these messages, we reserve the right to delete, move, or edit messages that we deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We reserve the right to remove the posting privileges of users who violate these standards of forum behavior at any time.
• Repeatedly posting off-topic messages or "spamming" the Site forums by posting the same message in multiple topics or otherwise deliberately disrupting the forums is unacceptable behavior that may result in the user's losing all forum privileges and access to our site. We reserve the right to prohibit users who in any way violate acceptable forum behavior from participating in our discussions. Users remain solely responsible for the content of their messages.

Inappropriate Forum Behavior

You agree not to post messages or other content, or send emails with any illegal or harmful content, including but not limited to content that:

• infringes copyrights, trademarks, publicity or any other rights of others
• is defamatory or libelous
• is abusive, harassing, or threatening
• is obscene, vulgar, or profane
• contains a virus or inhibits another person's enjoyment of the Site
• violates someone's privacy
• impersonates anyone (actual or fictitious), is known to be inaccurate or contains a false attribution
• is racially, ethnically or religiously offensive, or that contains content of extreme manner related to governmental politics
• is illegal or encourages criminal acts; or
• could expose us to liability

Use of Information: In using the Site, you might obtain information about other users. You agree not to use that information in any way that you know or should know would cause direct or indirect harm or inconvenience to those people or anyone else.

User Submissions

Any communication or material you send to us or the Site by email, posting in an electronic forum, or otherwise, including without limitation any data, questions, comments, suggestions, opinions or the like is, and will be treated as, non-confidential and non-proprietary. By submitting such material you grant us, and others authorized by us, the right to use such material, in whole or in part, as we may determine without any compensation to you. Your name and other information relating to you that was provided with the submission may be used by us in connection with the permitted uses of your material. By submitting such material, you also represent and warrant that it is original to you and that it, and its presence on the Site, does not and will not infringe upon or violate any rights of any person or entity.

Limitation of Liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NEITHER WE NOR Drummer Cafe™ WEB SITE WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF REASONABLE CARE OR WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, SELLERS, SERVICES OR TO ANY BREACH OF THE TERMS BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY. YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT INCURRED BY YOU IN REASONABLE RELIANCE, UP TO ANY AMOUNT THAT YOU PAID (IF ANY) TO US FOR THE SERVICE CAUSING YOUR DAMAGE.

Indemnification

You agree to indemnify, defend and hold Drummer Cafe™, its owners, and affiliates, harmless from and against any liability, loss, claim or demand of any nature, including reasonable attorneys' fees, made by you or any third party due to, arising out of or in any way related to (i) your use of the Site, (ii) the content or our use of any material submitted by you, or (iii) your violation, or alleged violation, of these Terms (including but not limited to any violation of the section entitled "Inappropriate Forum Behavior").

User Registration

The Site currently requires users to register in order to use the electronic forums area. We track the number of "visits" to and "page views" of the Site. We reserve the right to use the statistical analysis of such information to determine user preferences for purposes of product development.

Contact Information

Questions or comments about the Site (other than notices of claims of copyright infringement, which should be sent in accordance with the procedure set forth in section 10 below), should be directed in writing via email. Questions or comments about information found by using links that the Site makes available to other web sites should be directed to the site administrator or webmaster of the applicable web site.

Claims of Copyright Infringement

We respect the intellectual property rights of others; we request that you do the same.

Elements of Notice: Anyone who believes that their work has been reproduced in the Site in a way that constitutes copyright infringement may provide a notice to us containing the following:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the us to locate the material;
• The address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sending Notice: Copyright infringement claims and notices should be sent to the attention of Drummer Cafe™ via e-mail.

Tennessee Law; Exclusive Jurisdiction and Venue

These Terms, and your use of the Site, shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of the laws' provisions. You consent to the exclusive jurisdiction and venue of the courts in Davidson County , Tennessee , U.S.A. , in all disputes arising out of or relating to the Site, except that you agree that we may obtain injunctive relief in other jurisdictions. You agree that a printed or electronic version of these Terms (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records.

Changes to Terms of Service

We reserve the right at our discretion to change these Terms of Service by updating this posting. Therefore, you should periodically visit this page to review the current Terms. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. We may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Site at any time, without notice or liability.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES WE MAKE IN THESE TERMS,
PLEASE EXIT THIS SITE AND SITES REFERENCED IN THESE TERMS IMMEDIATELY.